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Thread: Guerin Report released- Update- Commission of Investigation established- Barrett prevents Dail debate

  1. #31
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    Default Re: Guerin Report released

    Members of the force named in the Guerin report aren't happy. I wonder if they're prepared to answer questions about the disappearance of a computer containing evidence of child abuse from their station?
    One member named in the Guerin Report, Garda Oscar, believes RTÉ Prime Time was perceived as fact talked about by experts. Garda Oscar said, “There were no experts to take our side simply because they had not yet seen the report and could not comment upon it – yet other commentators were freely encouraged to speculate upon the allegations made.”
    Another member named in the report, Garda Tango, said, “Everyone knows the one side of the story and have made up their minds. The media just took the one side too. I think it’s ridiculous. The media have jumped on the bandwagon so they are not going to admit they were wrong. People believe what they see on Prime Time.”
    The Guerin Report conclusion includes testimony of the men and women who worked with Sergeant McCabe in the years before the complaints were made – immediate supervisors who held him in ‘high regard’.Talking about his former sergeant-in-charge, Garda Tango said, “He himself pointed out there was no inspector here and the superintendent came for a couple of months and moved on.
    “He (McCabe) was in charge here. He ran the station. He was the main man here; it was his job to make sure these files were good and that investigations were carried out right and that files were submitted on time.
    “I am obviously angry. No one knows what went on here except for the members in Bailieboro Garda Station – and him. How come only one person thinks this was a badly run spot? He was the man in charge.
    “No one has asked for my side of the story. I provided the file within a few days. The report does not accurately portray my memory of the events – it is all his interpretation of it. It’s all one sided but no one seems to care.”
    The report makes allegations against members in the station party dating from 2007, since then many of the members in the station party have been transferred out, but a core remains. The report ‘anonymized’ gardaí using the phonetic alphabet; this cipher has been broken by colleagues and is spreading countrywide through the garda grapevine. Four months on and still no one has asked the members in Bailieboro district for their side of the story. They want to talk. They want a full investigation where all the facts are analysed and the truth comes out.
    Garda Tango said, “We have never been interviewed or asked for our side of the story. No one has looked into the man’s [Sergeant McCabe] behaviour with gardaí when he was here. No one cares about that. They are just looking into what he has to say and the allegations he has made; we get no say. Nothing.
    “It’s as if no one cares. No one cares about the truth. I would absolutely like to tell my side of the story.”
    Garda Oscar said, “The Guerin Report is frustrating to all of us because it is one-sided; the gardaí given phonetic names were not interviewed to give their side of the story. It is flawed as a result.
    “Any garda investigation I have been involved in, however minor, requires you to interview both parties – if you didn’t the case would immediately be thrown out of court.
    “Everyone in the district is frustrated; how can it be fair that people are named, identifiably too, and not given any chance to put their side of the story? We didn’t turn down interviews – we weren’t asked. I didn’t even know I featured in the investigation until the report was published; and it was critical of me.”
    Garda Mike said, “While our personal names were not mentioned in the report it is easy to ascertain the gardaí involved in each case, by other gardaí and certain members of the public. We were not informed that we would be so easily identifiable.
    “This more frustrating as we have transferred stations and our current management may judge us in a negative way and look unfavourably upon us for investigations or potential promotion. They clearly know the identity of Garda Mike. I feel that we are guilty by association to this report and its, essentially prejudicial, outcomes.”
    http://www.gardareview.ie/index.php/abandoned-outpost/

  2. #32
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    Default Re: Guerin Report released



    Former minister for justice Alan Shatter is not proceeding with his claim of a "reasonable apprehension of bias" on the part of barrister Sean Guerin in preparing his report concerning Mr Shatter’s handling of complaints by Garda whistleblower Maurice McCabe.
    http://www.irishexaminer.com/ireland...im-301735.html

  3. #33
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    Default Re: Guerin Report released

    The government continues the process of long fingering the Guerin report.

    http://www.irishtimes.com/news/crime...ings-1.2039709

    Cabinet today agreed the terms of reference for the commission of investigation in relation to the findings of the Guerin report.Sean Guerin investigated claims that serious crimes were not properly investigated by the Garda and criticised the handling of the issue by the then minister for justice Alan Shatter.
    The terms of reference of the commission will be published later this week.

  4. #34
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    Default Re: Guerin Report released- Update Commission of Inquiry established

    Terms or reference announced today for the Commission of Investigation:

    Commission of Investigation (Certain Matters relative to the Cavan/Monaghan Division of the Garda Síochána) Terms of Reference

    1. The Commission is directed to investigate the following matters:
    (a) The investigation by An Garda Síochána of a public order incident and possible sexual assault on a bus at Kingscourt, Co Cavan on 25 February 2007;
    (b) The investigation by An Garda Síochána of an assault at the Lakeside Manor Hotel, Virginia, Co Cavan on 14 April 2007;
    (c) The investigation by An Garda Síochána of two incidents in 2007 involving Jerry McGrath, i.e. the assault on Mary Lynch near Virginia, Co Cavan on 30 April 2007 and the abduction of a child during the burglary of a house in Tipperary on 9 October 2007, and the management and coordination by An Garda Síochána of those investigations, in particular in relation to the question of bail;
    (d) The investigation by An Garda Síochána of a public order incident in Cafolla’s restaurant, Bailieboro, Co Cavan on 5 August 2007;
    (e) The investigation by An Garda Síochána of an incident of assault and false imprisonment of a girl in Cootehill, Co Cavan on 2 September 2007;
    (f) The investigation by An Garda Síochána of a dangerous driving incident at the Lakeside Manor Hotel, Virigina, Co Cavan on 27 December 2007;
    (g) The investigation by An Garda Síochána of an assault in Crossan’s public house in Bailieboro, Co Cavan on 23 May 2007;
    (h) The investigation by An Garda Síochána of sexual offences and child pornography offences in respect of which Michael Molloy was convicted in 2009, having particular regard to the loss of a computer seized during the course of that investigation;
    (i) The investigation by An Garda Síochána of the allegations made by Sergeant Maurice McCabe of malpractice and corruption in relation to PULSE records seized from him on 11 October 2010 at the Hillgrove Hotel, Monaghan;
    (j) The investigation by An Garda Síochána and the Minister for Justice and Equality and Department of Justice and Equality of complaints made by Sergeant Maurice McCabe in relation to matters at (a) to (i);
    (k) The investigation by An Garda Síochána and the Garda Síochána Ombudsman Commission of Garda disciplinary issues arising out of the above matters;
    (l) The general conduct of policing at Bailieboro Garda District in 2007/2008 with reference to the management and operational structure and resource allocation for Bailieboro Garda District, at the relevant times, including:
    · The number of probationary Gardaí assigned to Bailieboro Garda District;
    · The number and experience of Sergeants available to supervise and monitor on a daily basis the work of those probationary Gardaí;
    · The significance, if any, of the absence of an Inspector permanently allocated to Bailieboro Garda Station;
    · The stability, continuity, and experience available at District Officer level in Bailieboro District;
    · The arrangements in operation for the supervision and monitoring of probationary Gardaí in relation to their operational and, specifically, investigative duties, and
    · The standard of accommodation at Bailieboro Garda station and its possible impact on the performance of the policing function.
    2. The Commission should exercise discretion in relation to the scope and intensity of the investigation it considers necessary and appropriate having regard to the general objective of the investigation.
    http://www.justice.ie/en/JELR/Pages/PR14000376

  5. #35
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    nice cover

    The Commission should exercise discretion
    Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other. ~Oscar Ameringer

  6. #36
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    So no Dail debate on the Commission of Investigation because Shatter is challenging the Guerin report. Nice and convenient for the government.
    According to a note given to TDs, Ceann Comhairle Seán Barrett “has indicated that, while the draft Commission of Investigation (Cavan/Monaghan Division of the Garda) can be moved tomorrow, there can be not (sic) debate re same, as it would be in conflict with Standing Orders 57, as the matter is currently sub judice”.Mr Barrett did not specifically reference the Shatter case, but sources said it was the case in question.
    The motion on the Commission of Investigation will now be “moved, without debate” although Fianna Fáil may raise concerns.
    A spokeswoman for the Oireachtas said the “the Ceann Comhairle has the power to either allow or disallow debate on a matter that is sub judice”.
    “He has come to the conclusion that the motion is not in order for debate. However, he is prepared to allow the motion to be moved without debate, as this obviates the risk of encroachment by the Dáil on the functions of the Courts.”
    The Dublin South deputy has taken a High Court action to overturn some of Mr Guerin’s findings.
    Mr Shatter claims the report showed objective bias and an absence of fair procedures and also alleges that Mr Guerin showed “indecent haste” in compiling his report.
    http://www.irishtimes.com/news/polit...case-1.2081911

  7. #37
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    Dail walkout today due to Sean Barrett's decision to disallow a debate on the Commission of Inquiry. Completely unrelated to the pressure he's been under to stand down of course.

    Sinn Féin, Fianna Fáil, independent and smaller party TDs walked out of the Dáil after a lengthy row during the Order of Business over a ruling from the Ceann Comhairle to forego debate on the terms of reference for the commission.
    Some of today’s issues stemmed from a letter written by Shatter’s solicitors to the Ceann Comhairle Seán Barrett last November.Taoiseach Enda Kenny told the Dáil today that Shatter wrote to the Ceann Comhairle through his solicitors, Gallagher Shatter, last November to raise issues with plans to debate the terms of reference for the commission in the Dáil.
    Barrett subsequently ruled that the motion to establish the commission could be moved without any debate. In a note to TDs last night, Barrett said that a debate could not be held as the “matter is currently sub judice”.
    Micheál Martin and Gerry Adams both questioned Barrett’s decision in the Dáil today. Martin pointed out that the matter was not before a jury therefore it could not be sub judice.
    He said that Barrett’s ruling “essentially muzzles this house” and said that the emergence of correspondence from Shatter had come “at the eleventh hour”.
    http://www.thejournal.ie/opposition-...07683-Jan2015/

  8. #38
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    Impressive opposition unity; long may that continue!
    "The floggings will continue until morale improves "

  9. #39
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    Sean Barret lost the run of himself in a phone interview with Miriam standing in for SOR this morning. He called in from the airport on his way to a flight which is unusual in itself. As usual he's the most unfairly traduced poor cratyur in the country. That personal letter he received from Alan Shatter was actually a business letter because it was addressed to the CC. And of course he 'was doing his duty to the people and to the Dail'. Preventing a debate going ahead seems to be a strange way of going about it though.

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    Default Re: Guerin Report released- Update- Commission of Investigation established

    Quote Originally Posted by PaddyJoe View Post
    Sean Barret lost the run of himself in a phone interview with Miriam standing in for SOR this morning. He called in from the airport on his way to a flight which is unusual in itself. As usual he's the most unfairly traduced poor cratyur in the country. That personal letter he received from Alan Shatter was actually a business letter because it was addressed to the CC. And of course he 'was doing his duty to the people and to the Dail'. Preventing a debate going ahead seems to be a strange way of going about it though.
    Edging towards a Constitutional crisis ? Many topics have been discussed in the Dail even though going through the Court system in parallel. The Dail has extensive privilege to discuss matters for good reason and was entitled to discuss - it was at the discretion of the C C.

    He misused his discretion.

    This is not something isolated, it is yet another instance of disappearing electoral democracy - i.e. a parliament in which debates are discussed in public by our elected representatives and a vote taken after all arguments heard.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  11. #41
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    Quote Originally Posted by C. Flower View Post
    Edging towards a Constitutional crisis ? Many topics have been discussed in the Dail even though going through the Court system in parallel. The Dail has extensive privilege to discuss matters for good reason and was entitled to discuss - it was at the discretion of the C C.

    He misused his discretion.

    This is not something isolated, it is yet another instance of disappearing electoral democracy - i.e. a parliament in which debates are discussed in public by our elected representatives and a vote taken after all arguments heard.
    It's a legal nonsense as well. There have been other Dail debates on the terms of reference for inquiries even though a related legal acton has been ongoing.
    Barrett and the government are running scared and Enda doesn't want to face any more awkward questions on the departure of Brian Purcell from the Dept of Justice.

  12. #42
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    Tis all getting very confusing.

    I wonder did Shatter write this letter as his own legal representative, as himself or as minister for justice?

    The three possibilities provide for three separate ways of looking at this, and none of them lead me to seeing either Shatter or Barrett as competent entities.

    I also wonder if Barrett took legal advice, prior to deciding that the Dáil couldn't debate legislation?

    This is precedent setting stuff and to my understanding, the Constitution sees the Dáil as the primary entity in composing and enacting law, not the judiciary, otherwise we'd be able to vote them into office. Sub judice my arse.

  13. #43
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    The Indo's had a go at explaining things. Well worth having a sconce at if only to have a chuckle at the libel the paper has levelled at Shatter in the blurb for the article.



    http://www.independent.ie/irish-news...-30950454.html

  14. #44
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    Default Re: Guerin Report released- Update- Commission of Investigation established

    Quote Originally Posted by Seán Ryan View Post
    The Indo's had a go at explaining things. Well worth having a sconce at if only to have a chuckle at the libel the paper has levelled at Shatter in the blurb for the article.



    http://www.independent.ie/irish-news...-30950454.html

    "Sacked Justice Minister..." Uh oh...let's see how long that lasts before there's a swift edit.

  15. #45
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    Default Re: Guerin Report released- Update- Commission of Investigation established- Barrett prevents Dail debate

    It looks like Sean Barrett is to have a meeting with Micheal Martin this evening to kiss and make up.

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